Right to Medical Records
Patient’s Right to Access Medical Records In 1992 Supreme Court of Canada considered a request made by the plaintiff patient to the defendant physician for the complete contents of her…
Medical Records
Introduction A disability case will inevitably require the production of medical records. The law will clearly allow the production of medical records once the plaintiff has chosen to put his…
Misuse of Confidential Medicals
Misuse of Confidential Medical Information There are remedies both through the human rights process and civil action for the misuse of medical records and information by the employer. The…
Independent Medical
In Ontario the Rules allow for an order for an independent medical under Section 105 of the Courts of Justice Act. Rule 33.05 states that only the person being examined…
Doctor at Trial
Trial Testimony of the Physician The decision to allow the testifying physician, as in the case of any witness, and to admit into evidence their clinical notes as an exhibit…
The Medical Report
As noted below, the treating physician is not required to conform to the rule relating to the expert report. The requirement, however, of notice to produce the clinical notes is…
Report of Treating Physician
Assessing the Medical Opinion Certain decisions have expressed the view that there is a preference given to the evidence of the treating physician. Such was the conclusion of the Nova…
Impact of Litigation
Impact of Litigation – an absolute or qualified waiver? Limited Waiver A 1985 Ontario Court of Appeal concluded that once the plaintiff raised the issue of one's medical condition, they…
Privacy Laws
Privacy Legislation In addition to the protections reviewed above, many jurisdictions have passed statutes to the same effect. Ontario’s protective statute, the Personal Health Information Protection Act, 2004 (PHIPA) is…
Non-Disclosure
The Basic Rule of non-disclosure It is an act of professional misconduct to disclose information about a patient, failing consent or a court order, “as required by law”. It has…